Expungement Petition - Indiana

Verified Petition for Expungement of Indiana Records

Drafting template. Use only the sections that match the requested statutory category. Arrest or nonconviction relief under § 35-38-9-1 has different filing, fee, and service rules from conviction relief under §§ 35-38-9-2 through -5.

Verified petition

Petitioner, [PETITIONER FULL LEGAL NAME], petitions under Indiana Code chapter 35-38-9 to expunge the records identified below and states:

1. Petitioner information

1. Full legal name: [________________________________].

2. Other legal names and aliases: [________________________________].

3. Date of birth: [__/__/____].

4. Driver's license number: [________________________________].

5. Social Security number: [________________________________].

6. Current address: [________________________________].

7. Addresses from the date of the earliest listed offense through the petition date are attached as Confidential Exhibit [____].

Confidential filing: The petition must contain information required by statute, including the Social Security number. Follow Access to Court Records Rule 5: file protected information as confidential, file the required public redacted version, and file Form ACR. The expungement case is public until an order granting relief makes it confidential under § 35-38-9-10(i).

2. Petition type

Select one route and delete all inapplicable allegations.

☐ Section 1 — arrest, charge, or vacated conviction record

☐ Section 2 — misdemeanor or Class D/Level 6 felony reduced to misdemeanor

☐ Section 3 — Class D/Level 6 felony with no bodily-injury element

☐ Section 4 — eligible felony with no serious-bodily-injury or death element, including a qualifying Class D/Level 6 felony with a bodily-injury element

☐ Section 5 — remaining eligible felony not resulting in death, with the prosecuting attorney's written consent

3. Records requested

All convictions from this county must be consolidated in one conviction petition.

Appellate cause number and decision date, if any: [________________________________].

Arresting officer, if known: [________________________________].

4. Section 1 allegations

Use this section only for relief under § 35-38-9-1.

8. The requested record concerns:

☐ An arrest with no charge filed; at least one year has elapsed since arrest and no charge is pending.

☐ An arrest or charge that did not result in conviction; at least one year has elapsed since the later of arrest or charge.

☐ A conviction vacated on appeal; at least one year has elapsed since the vacating opinion became final.

☐ A shorter waiting period authorized by the prosecuting attorney's written agreement, attached as Exhibit [____].

9. Petitioner is not currently participating in a pretrial diversion or deferral program, or the prosecuting attorney has authorized this petition in writing.

10. No criminal charge is pending against Petitioner.

11. Venue is proper because the charge was filed in this county or, if no charge was filed, the arrest occurred in this county.

12. No filing fee is required under § 35-38-9-1(e).

13. Petitioner asks the Court to serve the prosecuting attorney as required by § 35-38-9-1(f).

5. Conviction-expungement allegations

Use this section only for §§ 35-38-9-2 through -5.

14. Petitioner has reviewed the complete Indiana criminal history and identified every conviction in every Indiana county.

15. No criminal investigation or criminal charge is pending against Petitioner.

16. Petitioner has paid all fines, fees, and court costs and has satisfied every restitution obligation for the listed convictions.

17. Petitioner has not been convicted of another crime during the applicable statutory period.

18. This petition is:

☐ Petitioner's first conviction-expungement petition.

☐ One of multiple county petitions filed within 365 days of Petitioner's first filing on [__/__/____] in [COUNTY] County, Cause No. [________________].

☐ A refiling concerning a conviction included in an earlier petition that was denied.

☐ A proposed supplement supported by the findings required by § 35-38-9-9(k).

19. Other petitions filed under chapter 35-38-9: [________________________________].

Section 2

☐ Each listed Section 2 conviction is a misdemeanor or a Class D/Level 6 felony reduced to a misdemeanor.

☐ At least five years have elapsed since conviction, or the prosecutor's written agreement to a shorter period is attached.

☐ Petitioner is not excluded by § 35-38-9-2(b).

Section 3

☐ Each listed Section 3 conviction is a Class D or Level 6 felony and bodily injury to another person was not an element.

☐ At least eight years have elapsed since conviction, or the prosecutor's written agreement to a shorter period is attached.

☐ Petitioner is not excluded by § 35-38-9-3(b).

Section 4

☐ Each listed Section 4 conviction is an eligible felony for which serious bodily injury or death of another person was not an element.

☐ The later of eight years after conviction or three years after sentence completion has elapsed, or the prosecutor's written agreement to a shorter period is attached.

☐ Petitioner is not excluded by § 35-38-9-4(b).

☐ The Court should exercise its discretion to grant relief because: [____________________________________________________________].

Section 5

☐ Each listed Section 5 conviction is a remaining eligible felony that did not result in another person's death.

☐ The later of ten years after conviction or five years after sentence completion has elapsed, or the prosecutor's written agreement to a shorter period is attached.

☐ The prosecuting attorney's written consent to expungement is attached as Exhibit [____].

☐ Petitioner is not excluded by § 35-38-9-5(b).

☐ The Court should exercise its discretion to grant relief because: [____________________________________________________________].

6. Criminal-history exclusion review

Petitioner has reviewed, with counsel, whether any bar applies, including:

☐ Sex-or-violent-offender status under Ind. Code § 11-8-8-5

☐ Two or more separate felony offenses involving unlawful use of a deadly weapon that were not part of the same episode of criminal conduct

☐ A felony resulting in another person's death

☐ Homicide, human or sexual trafficking, or sex-crime offenses or attempts

☐ Official misconduct and the limited Section 5 route

☐ Unlawful possession of a firearm by a serious violent felon

The exclusions differ between misdemeanors, Section 3 felonies, and Sections 4 and 5. The selected statute—not this checklist—controls.

7. Service, response, and hearing

For a conviction petition, Petitioner will serve the prosecuting attorney in accordance with the Indiana Rules of Trial Procedure as required by § 35-38-9-8(e). The prosecutor must respond within 30 days after receipt or waives objection under § 35-38-9-8(g).

If the prosecutor objects, the hearing may not be set sooner than 60 days after service. If there is no objection, the Court may rule without a hearing. A Section 5 petition already requires written prosecutorial consent; the Court may still hold a hearing.

8. Requested relief

Petitioner asks the Court to:

1. Grant the petition under Ind. Code § 35-38-9-[____].

2. Include in the order every identifier required by the applicable section.

3. For a Section 1, 2, or 3 matter, order the statutory redaction or permanent sealing of the identified records, related arrest records, and qualifying collateral-action records.

4. For a Section 4 or 5 matter, order each public record clearly and visibly marked EXPUNGED and direct the required criminal-history entries.

5. Include the civil-rights restoration statement required for conviction-expungement orders.

6. Distribute the verified petition and entered order to Indiana State Police and every entity required to implement the order.

9. Verification

I affirm under penalties of perjury that the foregoing representations are true to the best of my knowledge and belief.

Petitioner signature: ____________________________________

Printed name: [________________________________]

Date: [__/__/____]

10. Signature block

Attorney or self-represented petitioner: ____________________________________

Printed name: [________________________________]

Attorney number, if applicable: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

11. Certificate of service — conviction petitions only

I certify that on [__/__/____], I served the foregoing verified petition on the Prosecuting Attorney for [________________________________] County by:

☐ Indiana E-Filing System

☐ Manner authorized by the Indiana Rules of Trial Procedure: [________________________________]

Signature: ____________________________________

Sources and References

• Indiana Office of Court Services — Detailed Information on Criminal Case Expungement (updated July 1, 2026)
• Indiana Office of Court Services — The “Expungement” Statutes (updated July 1, 2026)
• Indiana Office of Court Services — Digest on Orders (updated July 1, 2026)